In Gormley v. Nix, decided by the U.S. Eleventh Circuit Court of Appeals on August 31, the court found that the district court had abused its discretion in dismissing on procedural grounds a federal prisoner’s claim involving the First Amendment and the Religious Freedom Restoration Act. The prisoner’s challenge involves events that took place while he was on bond following his criminal convictions. James Gormley’s probation officer refused to allow Gormley, a Roman Catholic, to attend Christmas Eve and Christmas Day mass with his family.
The district court dismissed Gormley’s claim for failure to comply with the court's order that he fill out and return USM-285 forms within 20 days. This is the form used to effectuate service of process on the defendant. However, the Court of Appeals found that much of the delay was a result of Gormley being held in lock-down in prison, and was not the result of delay or willful contempt.
